O.C.G.A.
O.C.G.A.

O.C.G.A. § 50-13-41 (2019)

Hearing procedures; powers of administrative law judge; issuance of decision; reviewing agency; review of contested cases

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a)(1) Whenever a state agency authorized by law to determine contested cases initiates or receives a request for a hearing in a contested case which is not presided over by the agency head or board or body which is the ultimate decision maker, the hearing shall be conducted by the Office of State Administrative Hearings, and such hearings shall be conducted in accordance with the provisions of this chapter and the rules and regulations promulgated under this article. Whenever an agency under this paragraph receives a request for a hearing in a contested case, such agency shall forward such request for a hearing to the Office of State Administrative Hearings within a reasonable period of time not to exceed 30 days after receipt of such request, and if the agency fails to do so, the party requesting the hearing may petition the Office of State Administrative Hearings for an order permitting such party to file a request for a hearing directly with the Office of State Administrative Hearings.

(2) An administrative law judge shall have the power to do all things specified in paragraph (6) of subsection (a) of Code Section

Notes of Decisions
Cited in 28 cases (1 in the last 5 years), 1997–2022 · leading case: Alexander v. Dep't of Revenue, 728 S.E.2d 320 (Ga. Ct. App. 2012).
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New Georgia Proj., Inc. v. Carr (N.D. Ga. 2022). · cites it 2× “The 5 Under O.C.G.A. § 50-13-41, “[w]henever a state agency authorized by law to determine contested cases initiates or receives a request for a hearing in a contested case which is not presided over by the agency head or board or body which is the ultimate decision maker, the…”
Patrick Schuman v. Georgia Dep't of Human Servs., Div. of Fam. & Child. Servs. (Ga. Ct. App. 2020). · cites it 2× “]” OCGA § 50-13-41 (b). In cases like the one before us “the alleged abuser has the right to request a hearing before an ALJ, who makes the final agency decision after hearing evidence and 9 argument from the alleged abuser and from DFCS.”
Georgia Prof'l Standards Comm'n v. Sajuana Wilson-Williams (Ga. Ct. App. 2020). · cites it 2× “2 The case proceeded to a hearing before an Administrative Law Judge (the “ALJ”), who, in its final decision, agreed with the Commission that Wilson-Williams had violated certain professional standards, specifically Standard 9 (Required Reports)3 and Standard 10 (Professional…”
State Road & Tollway Auth. v. Bodamer., 829 S.E.2d 658 (Ga. Ct. App. 2019). · cites it 2× “10 See OCGA § 50-13-41 (a) (1) ("Whenever a state agency authorized by law to determine contested cases initiates or receives a request for a hearing in a contested case which is not presided over by the agency head or board or body which is the ultimate decision maker, the…”
Derek Leroy McSmith v. Dep't of Human Resources, Div. of Fam. & Child. Servs. (Ga. Ct. App. 2018). · cites it 4× “See OCGA § 50-13-41. An administrative law judge (“ALJ”) will then review the agency’s decision.”
Quigg v. Georgia Prof'l Standards Comm'n., 809 S.E.2d 267 (Ga. Ct. App. 2017). · cites it 2× “5 (d) provides: In a contested case, if the commission determines that probable cause exists to impose a sanction against an educator or to deny a certificate to an applicant, an opportunity for a hearing shall be provided to the educator or applicant pursuant to Code Section…”
State of Georgia v. Int'l Keystone Knights of the Ku Klux Klan, Inc., 788 S.E.2d 455 (Ga. 2016). · cites it 2× “, OCGA § 50-13-41 (Administrative Procedure Act procedures for hearing before administrative law judge).”
Malloy v. State, 744 S.E.2d 778 (Ga. 2013). · cites it 4× “Although noting that the State’s interpretation of the services as abortion-related was reasonable, the ALJ determined that the record did not support a conclusion that appellant wilfully misrepresented a material fact and thus could not support a finding of fraud or wilful…”
Alexander v. Dep't of Revenue, 728 S.E.2d 320 (Ga. Ct. App. 2012). · cites it 26× “1 The dispute was referred for initial decision to an administrative law judge with the Office of State Administrative Hearings (OSAH), see OCGA§ 50-13-41, and the administrative law judge entered an initial decision affirming the assessment.”
Upper Chattahoochee Riverkeeper, Inc. v. Forsyth Cnty., 734 S.E.2d 242 (Ga. Ct. App. 2012). · cites it 2× “OCGA § 50-13-41 (b) provides in part that “[a]n administrative law judge shall have all the powers of the referring agency with respect to a contested case.”
Herald Alexander v. Dep't of Revenue (Ga. Ct. App. 2012). · cites it 24× “See OCGA § 50- was referred for initial decision to an administrative law judge with the Office of State Administrative Hearings (OSAH), see OCGA § 50-13-41, and the administrative law judge entered an initial decision affirming the assessment.”
Upper Chattahoochee Riverkeeper v. Forsyth Cnty. (Ga. Ct. App. 2012). · cites it 2× “OCGA § 50-13-41 (b) provides in part that “[a]n administrative law judge shall have all the powers of the referring agency with respect to a contested case.”
Show all 28 citing cases →
— 50-13-41(a) — 2 cases
G.J. ex rel. E.J. v. Muscogee Cnty. Sch. Dist., 704 F. Supp. 2d 1299 (M.D. Ga. 2010).
Gj Ex Rel. Ej v. Muscogee Cnty. Sch. Dist., 704 F. Supp. 2d 1299 (M.D. Ga. 2010).
— 50-13-41(a)(l) — 3 cases
Draper v. Atlanta Indep. Sch. Sys., 480 F. Supp. 2d 1331 (N.D. Ga. 2007).
M.T.V. v. DeKalb Cnty. Sch. Dist., 446 F.3d 1153 (11th Cir. 2006).
Pope Ex Rel. Pope v. Cherokee Cnty. Bd. of Educ., 562 F. Supp. 2d 1371 (N.D. Ga. 2006).
— 50-13-41(d) — 1 case
Garvin v. Sec'y of State, 596 S.E.2d 166 (Ga. Ct. App. 2004).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.